HSE Cases

This page gives links to details of prosecution cases involving LOLER and HSWA taken by HSE, since 1 April 1999, which resulted in a conviction.

All information © Copyright Health & Safety Executive 2001. All information is provisional and may be subject to revision

Reg 9(3)(a) LOLER 98 - failure of access equipment hire company to have Simon SP-120 E MEWP thoroughly examined at 6-monthly intervals. MEWP failed during hire resulting in serious injuries to 2 occupants. Key feature of mitigation was that failure resulted from design faults in MEWP (raised in HSL report). Also tried to show that maintenance fitter had been carrying out thoro' exams but that records were missing (but HSE inv had shown fitter was not competent in any case). Asked for reduced costs on grounds that HSL inv unnecessary/RSG report adequate & charges exessive. Also suggested conditional discharge would be appropriate - Bench disagreed.

HSW 3(1) elderly resident in nursing home suffered multiple injuries when she fell from a hoist chair when the wheel came off. Home knew of damaged wheel but had not taken chair out of use, specifically it had been put back into use. Not examined under LOLER & inadequate maintenance.

Contravention of LOLER Regs 8(1) at Bay 01, Syncrolift Building Rosyth Royal Dockyard.

Mr ******** and Mr *******, were removing steelwork while working from the man riding platform of a MEWP. A manhole cover broke underneath one of the wheels of the MEWP causing it to overturn. The platform struck precast concrete units of a new stand under construction. Mr ******* suffered fatal head injuries and Mr ****** broke his arm. No precautions had been taken to protect the manhole covers. This case did result from the investigation of a fatality

Lifting equipment used when not inspected under LOLER failed and injured person below

Untrained 16 year old employee operating mobile elevating platform (MEWP) crushed hand between MEWP and fixed structure

Failure to comply with an Improvement Notice issued in respect of the requirement to keep available for inspection the thorough examination reports specified by LOLER.

LINK TO THE HSE PUBLIC REGISTER OF CONVICTIONS

The above links are only provided for informative puposes only, Caledonian Access is in no way connected to any of the above cases or links, all information is the copyright of the Health and Safety Executive.